Labour domestic abuse court plan would undermine judiciary: Carloway

A proposed legislative power to require a dedicated domestic abuse court in every sheriffdom would undermine the independence of the judiciary, according to the Lord President.

Lord Carloway, who also chairs the board of the Scottish Courts & Tribunals Service, has written to the Scottish Parliament's Justice Committee over an amendment to the Domestic Abuse (Scotland) Bill tabled by Claire Baker, Labour's justice spokesperson, the Herald reports today.

Ms Baker wants ministers to be able to order the setting up of at least one specialist court in each sheriffdom to deal with domestic abuse cases. At present the only two such courts are in Edinburgh and Glasgow.

The Lord President objects that he has been given statutory responsibility for managing the business of the courts, and sheriffs principal should remain responsible for the management of their own local courts.

"The amendments, if passed, will undermine the independence of the judiciary and encroach upon my role as head of the Scottish judiciary to make and maintain arrangements for securing the efficient business in the Scottish courts", his letter states.

"If ministers were to seek to direct how I manage the business of the courts, that would undermine my statutory responsibilities."

Ms Baker responded that such courts would only be established with the Lord President's agreement.

The bill is due to complete its stage 2 consideration in committee this week.